Rule 10TB - Eligible assessee

Eligible assessee under safe harbour rules: transactional categories and functional tests determine low risk status and eligibility.

Definition of eligible assessee under the Safe Harbour Rules covers specified categories that opt into safe harbour, including certain service providers, intra-group lenders, guarantors, contract R&D providers, exporters of auto components, and recipients of low value-adding services. For categories deemed to carry insignificant risk, the Assessing Officer or Transfer Pricing Officer must assess whether the foreign principal performs key functions, provides capital and intangibles, directly supervises work, the assessee lacks economically significant realised risks, and the assessee has no ownership rights in intangibles or research outcomes, with contractual terms subordinate to actual conduct.